The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-02-17
Ee,.
] JUDICIAL JUGGLE.
She Second and Third Circuit 0Iatter-Judge
Flcmihg's Opinion.

Sho Second md Third Circuit DIatter-Judge
FlcminE's. Opinion.
Sptcia. Correspondence OF The Iniellictncer.
MoRoANrowN, W. Va, Feb. 15.-The
Republicans here have confidence in their
Representatives AMI Senators to believe
that under no circumstances will they
vote for a Democrat for United States
Senator; aud the course OF the Republi-
cans in the Legislature in their action in
regard to the election Of Senator meets
with the hearty approval OF the Rspubli-
cans OF Monongalis county. The propo-
sltion now before the Legislature to
change the Second and Third Judicial
circuits has been the occasion OF good
deal OF comment among the attorneys at
llls bar and the people OF the county,
There Is not one member OF the legal pro.
iession In this county who iavors such a
proposition. Indeed, when it was first
spoken OF rs possibility that Preston
would bo added 4 to this circuit, It wan
treated altogether as an absurd proposi-
tion, to add any more work to this cir
cult. -
Judge Fleming who is holding court
.S-S AAo WI Al NoANElehktUu WILL yUuI COZ.
respondent, expressed himself freely as to
the proposed addition to his circuit. He
sald: "Tho friends Of the bill arc proceed
ing altogether on false basis. They rop-
resent that the work IN the Third circuit
greatly exceeds the work in mine. eeo
very we'll how they fell into this error;
because for this year there ia only one
county in my circuit reported to tho Au-
ditor and that Is Monorgalia, the smallest
OF the three; while in the Third they take
largest counties as the basis, and make
their estimates Of the work to be done in
the Third Circuit from there, thus making
that circuit as large as possible, while in
the Second Circuit they taxa Mononeslja
as the basis Of their calculation and con-
slider it an average county in
my circuit; whereas 1t has the
smallest docket of the three. l venture to
say there ia moro work for Judge in
Harrison than In any two counties in any
circuit in this State outside Of Ohio and
kanawha counties. They talk about me
not having any work. Why, I have one
case that there Ia more in-raises more
legal questionsand will take longer to de-
eide it than to decide all the cases now
pending in the Third Circuit. have a
contested will case tha. has been tried
twice and each trial occupied thrce weeks.
have two cases coutesting deeds that
Will take two weeks each to try them, I
have q murder case that will take three
weeks to try it. 3.s .'-=2 W. 80
shall not Interfere If the Legislature
sees fit to pass the bill. But there ia no
Judge who can do the work If Preston is
added to this circuit. 1 only have two,
years yet to serve, and I shall mot be- a.
candidate Tor recollection. II cannot do
the work there is one thing can do, and
that is-resiga. ] AN not threatening To q
resign; but il work ia imposed on me
merely that. come other circuit may bo
saved to the party, I shall feel that / am
not called upon to perform 1t, and that /
nave sufficient reason for resigning. I
have often thoaghto oil resigning as it Is, I
hnu rather resign than not; and II this
bill passes It will afford mo sufficient ex-
cuse for doing so. r ,l-'59-
!. Ut Is certain that the whole thing is
political Job" gotten up by certain per-
SONS ! could nGtne; but am not going to
enter into this matter publicly. I think
it very ,"cheeky,", to say the least, that
the whole plan should have been matur-
ed before one word was said to me about
it. II the friends Of the measure had
come to- me and said, this is a foolish
measure, wo would like you to assist us,
II ia for the good of the party, l should
have ielt more like concurring in their !.
undertaking But. they put It on the
ground that l have an easy circuit and
have little work to do. Now, after this
matter is all ended, whether the bin
passes Or not, I nm going to get copies Of
these reports or statements from the
clerks in my circuit and show that there
ls aa much work done now in the Second
Circuit az there is In the Third. This ar.
will not inconvenience me
very much. / can get through, some
way, to the end OF my term, even II I have
to .push back the big cases; or, as have
said before, can resign. But it will be
an ipjustice to whoever succeeds me II
Preston is added to this circuit. The
whole scheme is a political job" and 1t is
not worth while to attempt to Disguise It,"
ls-t- t.lE' * S5sr9' DIED. TGI I."..p.
RiESENBEcK--on wednesday evening, February
= ~ ~. at 9o'clock. MAhKts RlEsrNpEcs, aged